>> slapped twice. ktvu's mike mibach joins us from outside the school in fremont where one parent is planning to protest tomorrow morning. >> reporter: that teacher given the green light to come back here to teach. slapping a student who told us today that he was hit because he could not find the problem or the answer to that math problem. >> reporter: a third grader. >> i like everything about school. >> till april 28. his teacher slapped him. >> grabbed me like this. and slapped me two times in the face. >> just like that. slapped him in the face. >> reporter: his father says he had a meeting with officials and with the teacher. >> the teacher explained to me today that my son put a decimal

where it shouldn't have went and he thought she was mocking him. >> reporter: the police department says a police report was filed. they said the teacher did not provide a statement. the investigation did not rise it the level of a criminal battery to be forwarded to the district attorney. >> you feel comfortable with him teaching? >> absolutely. >> the superintendent. >> there was a touch and that did take place. >> reporter: he was placed on leave and will be back teaching tomorrow for the first time since april 28. >> we did take the appropriate action and it is confidential nature. >> reaction from parents. >> he is a very good teacher. >> i would not believe he would put his hands on kids. >> if he did should he be allowed back? >> if he did, of course not. >> i want the itch toker gone.

-- i want the teacher gone. there is no room for that. >> reporter: he will be out front of school tomorrow picketing the arrival of the teacher. the police department called me and said the case does remain open for investigation. live tonight in fremont, mike mibach, ktvu channel 2 news. >> more details now, teachers in 19 states are allowed to hit students. california is not one of them. punishment is not in accordance with the state guidelines. former san francisco firefighter charnelred -- charged with drunk driving entered a not guilty plea today. he appeared in court and he was arrested june of last year after his fire truck hit a motorcycle. he resigned and was indicted by grand jury after the district

attorney declined to file charges. sources say his blood alcohol was .13. the man hunt for a caffire chief -- cal fire chief accused of killing his girlfriend spread across california and he is armed and dangerous. 55-year-old orville fleming of sacramento authorities say he could be anywhere in the state. he is accused of stabbing his girlfriend, he has keys to fire gates, trails and cal fire facilities throughout california. for new details ktvu's noelle walker is in the mountains where why investigators are focusing on that area. >> the santa cruz sheriff's department says deputies have been told to be on the look out for orville fleming because he has been here to the santa cruz mountains in the past. if he wanted to hide this is one place he could do that. >> reporter: the santa cruz

mountains. >> just the history of the whole area, highway 9, the branch robbers -- bank robbers that hide out. >> reporter: this is one of the areas he could be hiding. orville fleming is a chief wanted for the murder of his girlfriend on may 1. he is believed to be armed and dangerous with keys that give him access to every cal fire station in the state, including the one in the santa cruz mountains. he may not look like the wanted posters. he shaved his head and mustache in the past. >> he was barely recognizable to them. it modifies his aparents. >> reporter: in the community -- his appearance. >> reporter: in the community the idea of a fugitive hardly raises an eyebrow. >> has to come out of hiding to buy food, doesn't he? >> i hope for his sake and our

sake that he is caught. >> reporter: if he has gone low tech, it is a lung way. he met his girlfriend sarah douglas two years ago on my red book.com. >> not what you have done in your past that matters it is what you are doing now. >> the two made a sex tape. cal fire says the allegations are serious. sarah douglas was found in the home they shared. stabbed 20 times and strangled. the killing so violent her family is trying to cover the evidence for her funeral. >> her scalp, her next, her chest. >> reporter: today cal fire said orville fleming has been relieved of duty. reporting live, noelle walker, ktvu channel 2 news. happening now, president obama is in the bay area for a

quick 19 hour visit. he landed two hours ago. he is here to raise money for democrats at two fundraisers ahead of the elections and to talk about energyficiency. the perez -- energy efficiency. the president was in good spirits. today is day two of the president's trip to california. began yesterday in los angeles and continued with a stop in san diego this morning before making his way to the south bay. the president arrived at 4:00 p.m. this afternoon and plans to attend two fundraisers tonight one at a private home and the other at the fairmont hotel in san jose. tomorrow morning president obama will give a speech at a walmart store and then back for departure. legislation that requires kill switches on new smart

phones next year. it would make it possible for people to lock and kill their smart phone if it is lost or stolen. the bill fell short of approval by two votes last month. the one approved today pushes the start date to july of next year and only requires them for phones, not tablets. >> if we could make it a disincentive there is a likelihood we will see a reduction in the crimes. >> the police chief says 78% of all robberies in oakland involve a smart phone and in san francisco the same, 2/3 of robberies involve smart phones. the bill goes to the assembly. being a interim police chief seems like a permanent job in oakland. it has been one year now and we don't know when a permanent replacement will be announced. ktvu's christien kafton joins

us live where he talked to mayor jean quan about where the search stands now. >> he served as the interim chief for a year and we pressed mayor jean quan whether or not he has the inside track on the permanent position. all she would say is she is considering candidates inside oakland and outside the city. >> best person. >> reporter: he stepped down as chief a year ago today. he is the third interim chief since 2011. he has applied to head of the department. homicides are down 18% over the year before. crime is down in key areas. assaults down 6% from last year. burglaries down 11%. auto theft down 9%. the department was at its highest compliance level ever. mayor jean quan would not say

if he had the edge over the competition. >> needs to get better on crime reduction and meeting the goals. >> reporter: there has been a drop in crime on the streets of oakland today. many said crime is still a major concern and that oakland needs a permanent chief. >> i think there should be a permanent chief. so many changes. you know, it is not too much good. >> a lot of instability. some stability in the police force would be great. >> reporter: despite our questions mayor jean quan would not say if she leaning towards him. they are interviewing candidates and hopes to announce a new chief by mid- may. christien kafton, ktvu channel 2 news. a deadly fire at a mobile home in sunnyvale claimed the live saids of two -- lives of two people. firefighters say the flames

broke out about 2:00 a.m. this morning and inside they found the body of a man, a woman and a cat. police helped another man inside to safety. neighbors say that man is in his 50s and lived at the home with his mother and her boyfriend. no word on what caused the fire but investigators say there is no indication of foul play. the red light runner accused of a hit-and-run crash last weekend is behind bars. the 25-year-old suspected driver turned himself in after a $1 million warrant was issued for his arrest. he is jamie linares of san francisco. investigators say he slammed into another car injuring the driver who died at the hospital. police also said the suspect was on probation for robbery at the time of the crash. the national transportation safety board is scheduled a hearing to wrap up the investigation into last year's asiana plane trash. they announced the hearing is on june 24 in washington, d.c.

the plane hit a sea wall and crashed on july 6 at sfo. three teenagers were killed and 180 passengers and crew members were injured. school officials in danville say half the students stayed home today from two schools that were targets of threatening messages. officials say last week near charlotte wood middle school graffiti was written that read i will kill 12 people on 5/8/14. additional threats have been painted on walls in different spots, including bath room. the state senate voted in support of a bill to change california's definition of marriage to more gender neutral terms. the measure removes the phrasing that emergency must be between a man and a -- marriage must be between a man and a woman.

instead marriage would be defined as a personal relation arising from a civil contract between two persons. it comes after the u.s. and supreme court allowed same-sex marriages to resume in california last year. the bill waits a vote in the assembly. a first of its kind commercial making tv history. >> like okay, almost no big deal except it was a big deal to me. >> why this ad by toyota is getting so much attention. >> a playground left melted by fire. the piece of evidence police are looking at and why many say the space is much more than just a playground. >> and looking at light scattered showers that are showing up in the north bay. are the showers going to make it into your neighborhood? i will have the specifics. hey there. did you select these things on purpose? not a color found nature. there's nothing wrong with tha. i can hear your arteries clogging. ok. no. this is tap water. i can't let you buy this.

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playground is off limits to children after someone set it on fire over night. investigators say it happened at 1:00 a.m. this morning at marshall elementary school. it was donated by the pta. >> it is important to the community. people come on the weekends and use the playground. a baseball league use the playground. it will impact the whole community. >> we are told surveillance video caught the fire but does not show who actually set it. although we are told that whoever did appeared to be trying to put it out. the district hopes to have the structure replaced by the next school year. new at 6:00 p.m. a television ad that is breaking barriers. a toyota dealership released a spot that has people talking. ktvu's rob roth went to the car dealer who says he isn't trying to make a political statement, just sell more cars.

>> reporter: this television commercial started running this week and airs only in the bay area. it show as woman talking about the car she just bought. >> come outside. oh, my gosh. >> they said the idea was hatched a few months ago. >> we believe whether you are same-sex couple or from here or there, doesn't matter. all those people buy cars. >> reporter: the general manager ran the script by two same-sex couples he knew. she a new car buyer and half of a same-sex marriage and appreciates the commercial. >> like, okay, no big deal except it was a big deal to me. >> reporter: using same-sex couples in a car commercial perhaps a sign the times are -- is perhaps a seen the times are

changing. >> companies are saying look we want your money too. >> the feed back has been positive. one e-mail called it cute and memorable. another says she will come to the dealership next time she needs a car. one negative comment says kids watch tv and don't need to see this. >> reporter: [ inaudible question ] >> no. >> nice to be included. >> reporter: advocates say expect to see more tv commercials depicting same-sex couples, it just makes gooddize sense. rob roth -- good business sense. rob roth, ktvu channel 2 news. police have made an arrest in a bomb threat hoax that shut down market street yesterday. police were called after someone found a threatening note taped to a timer. the school was evacuated and

market street was shut down for two hours. theyifiabley determined there -- they finally determined there was no threat. a 19-year-old face as misdemeanor charge of place -- face as misdemeanor charge of placing a false bomb on the premises. san francisco bicycle lanes are seeing a huge spike. bicycling doubled between 2006 and 2013. we went on a ride-along today to show us what could be the biggest problem facing bicyclists. >> cars making right hand turns. at intersections is the number one sources of conflict between the motorists and bicyclists. >> the commandser says drivers who want -- commanders says drivers who want to turn right should signal and bicyclists should stay behinds the car. there is a push to make

sure workers get sick leave. 5million californians don't get paid sick days. lawmakers announced a bill that makes sure everyone gets three sick days a year. if it passes california will be the second state to approve such a law following connecticut. the fate over a beach remains uncertain as the legal battle or access gets underway. martin's beach is six miles south of half moon bay. the owner wants to restrict access to it. they are challenging that action. the battle in supreme court began -- superior court began today. few reports of light showers in the north bay and drizzle in the oakland hills hills and the coast, san francisco and half moon bay. look at the rain accumulations.

nothing really. .27. that is good. mill valley, most of us will see trace amounts. a lot goes undetected because it is so light. you can see a few sprinkles by napa. but nothing much. santa rosa, reports of slight scattered showers. andnot bad. a non-event really for the most part. too bad. we could have used rain. the model for tonight does more. blue stuff is like a drizzle. maybe light sprinkles. late tonight, tomorrow morning, lingles -- lingers. maybe wet. glaze on the road. tomorrow afternoon, starts off cloudy friday morning. tomorrow afternoon it is sunny. highs tomorrow, warmer than today. today lots of upper 60s.

72 fairfield. 70 vallejo. good air quality. winds are blowing more tomorrow. 70 danville. good air quality and you see more activities. friday -- 70s. friday looks good. thinking about the weekends, the weekend goes up. temperatures climb. not hot but by saturday mid- 70s. sunday mid-80s. there is the jump. mother's day will be something. monday, tuesday, back into the low 90s. nice looking five-day forecast. the rainy season is winding down for sure as the system is clearly illustrating. >> good looking forecast. thank you. dog friendly restaurants could have the law on their side. it is illegal to have live animals in restaurants but california lawmakers are trying to bring state law into line with the dog friendly restaurants. dogs would be allowed on the

patio, but not on furnitures. in sports, it is draft day and we will tell you the raiders had the fifth pick, who they chose and who was the number one over all pick. sports next.

. draft day today and raiders fans are really excited about the pick. >> i think they have reason to be. you never know till they are on the field doing it whether a guy pans out or not but i don't see how khalil mack could not turn out to be a fabulous selection by the raiders. a linebacker out of the university of buffalo. a playmaker. impact guy. a guy who could put pressure on the passer. 6'3", 200 gun pounds and address as raider weakness, tackling. and just making big plays. you will hear from dennis allen tonight at 10:00 p.m. they talk about their number one pick but right now the top 5 picks in the draft. jadeveon clowny, of course, not a big surprise. goes to the texans.

huge playmaker. number one pick. greg robinson for the rams. protecting the quarterback. blake bordels the first quarterback pick. johnny manziel hasn't gone yet and after a trade the bills wind up with sammy watkins. more on the draft that just got under way. mean time giants fans looking forward to the match-up in los angeles tonight. full highlights at 10:00 p.m. play that occurred last night. mets-marlins. foul ball. what a play to save a young fan as you see him go over the rail to make a great play and again, big story today is the nfl draft and khalil mack is -- sounds -- >> just sounds like linebacker. >> the raiders had mixed reviews in the past but this

guy i feel is a winner and maybe the guy to turn had raiders around. >> let's hope so. >> 9ers at number 30, ways to go. >> thank you. tonight on the 10:00 p.m. news following president obama, his return to raise big money and the crowds of supporters and protesters who are coming out tonight at 10:00 p.m. >> we are always here for you on www.ktvu.com, facebook and twitter. thank you so much for joining us tonight. good night. >> good night.

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ersations) (glass clinking) if i could just have everybody's attention real quick. um, on this wonderful occasion-- our daughter leaving tomorrow for college... (mitchell) oh. if i could get everyone to raise their glass as i quote from one of our nation's great fathers-- jefferson. george jefferson. "i never dreamed that one of my own "would be going off to a university, "but here i stand, a proud black man, knowing that all those hours i put in at the dry cleaner--" - phil. - not now, weezie. - where was i? - quoting that president. we should start using chinese money now. (scoffs) we already are. my arm is tired. to haley. - to haley! - (glasses clink) and before everyone puts their glasses down, uh, uh, we're also very proud of lily. tomorrow is her first day of kindergarten.